UNDERGRADUATE LAW JOURNAL A Registered Student Organization at FAU® Spring 2019 SPRING 2019 UNDERGRADUATE LAW JOURNAL Officers: Editor-in-Chief . Nora Douglas Secretary. Stefania Cardenas Treasurer . .Stephan Schneider Editing Board Amanda Heine, Borina Jean, Cameron Ryan, Emily Herrera, Nery Tavarez, Sandy Larose, Steven Robinson Faculty Advisors Cheryl Arflin, J.D. Anthony Horky, J.D. Paul Koku, Ph.D., J.D. The ULJ would like to thank Holly Pereira, Chris Kuczynski, and Katherine Murphy for their invaluable assistance and Professors Sarah Nielsen, Emre Yersel ,Anthony Horky, Paul Koku, Dalel Bader and Cheryl Arflin for assisting with the mentoring, editing and proofing. The Florida Atlantic University Undergraduate Law Journal is published online by FAU Digital Library and is available at http://journals.fcla.edu/FAU_UndergraduateLawJournal. The Undergraduate Law Journal is also a contributor to an Intercollegiate Undergraduate Law Journal which may be viewed at http://intercollegiatelawjournal.com/. For submission guidelines and membership information, please contact [email protected]. You may also find additional information about the Pre-Law program at FAU at https://www.fau.edu/prelaw. Copyright 2019 Florida Atlantic University Undergraduate Law Journal. Authors retain copyrights, but grant the journal the right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work’s authorship and initial publication in this journal. Authors are able to enter into separate, additional contracts for their personal article, as well as offer it for publication in an institutional repository or publish it in a book, etc., provided the article includes an acknowledgement of its initial publication in this journal. 1 SPRING 2019 UNDERGRADUATE LAW JOURNAL Letter from the Editor-in-Chief The Undergraduate Law Journal is wrapping up another great year, thanks to the tireless work of our Advisor Cheryl Arflin, our dedicated E-board, and all the student and faculty members who were essential during the editing process. The most exceptional articles from undergraduate authors are published in the annual journal. In publishing the journal, we hope to stimulate and sustain undergraduate law discussion and education at FAU. We thank the Pre -Law Services Committee for expanding our reach by increasing visibility and access to educational resources for pre law students. By providing students with assistance during the research process, fostering thought provoking discussions, and connecting motivated students with industry leaders and legal professionals, the ULJ provides tangible and longstanding benefits to its members. Our readers will enjoy a wide subject variety of legal analyses, from dealing with constitutional challenges to the complexities of eminent domain. This year’s publication would not have been possible without the undying commitment of adviser Dr. Cheryl Arflin, to whom I express gratitude for ensuring the longevity of the journal, and our faculty advisors who dedicated hours of their valuable time to assist students with crafting their research, and our student editors found time to perfect the quality work that our authors provide. Our member- scholars continue to produce quality legal analyses year after year, consistently contributing to the development of legal research. Please explore our annual electronic publications through the FAU online library (www.journals.fcla.edu/FAU_UndergraduateLawJournal). If you have any questions, please email [email protected]. Cheers, Nora Douglas Editor-in-Chief, Undergraduate Law Journal, 2018/2019 2 SPRING 2019 UNDERGRADUATE LAW JOURNAL Table of Contents List of Officers and Editing Board . .1 Letter from the Editor-in-Chief . .2 Table of Contents . 3 Apple’s App Store: Exploring the Future of Antitrust Laws, by Alyssa Alvarez . .9 Apple, the well renowned technology company is acknowledged for an incredibly unique and successful business model, targeting consumers with its exclusive edge. The particularly exclusive ecosystem of the App Store may be threatened by an antitrust lawsuit filed with the Supreme Court, questioning the overall legality of antitrust laws for the future. The Apple Inc. v. Robert Pepper case argues that Apple is overcharging on its App Store, adding an extra fee to both the developer and consumer. The Illinois Brick Co. v. Illinois case concluded that consumers cannot sue companies due to transactions made by intermediaries, much like Apple is an intermediary between the developer and consumer. In this paper, the ongoing case Apple Inc. v. Robert Pepper will be evaluated and analyzed in comparison to the precedential Illinois Brick Co. v. Illinois case, where both cases together may impact the future of company business models as we currently know it. Guilt. Punishment. Justice, but is it really? by Stefania Cardenas. .15 Once the guilty verdict has been determined, a judge will follow guidelines based upon the current laws instituted to determine the final sentence. Guidelines found within our current justice system have been found to be too easily affected by bias, which may lead to possible Eighth Amendment violations and thus, ironically, injustice. The question presented asks us to consider: are the current guidelines encouraging and allowing injustice within our justice system? 3 SPRING 2019 UNDERGRADUATE LAW JOURNAL Ageism v. Capitalism, A Motive for Discrimination, by Michael Dewing .35 The story of age discrimination as interpreted by civil justice is told by analyzing the current structure of laws highlighting specific Supreme Court cases along with our U.S. Congress chiming in and attempting to further address the fairness in the rule of law governing the specifics of the EEOC procedural steps and how appellate courts may consider factors relating to the analogous terminology. Further study is warranted and justified by statistical data points and analysis in the way ageism is defining our labor force and our economic system with a focus on age discrimination, giving particular attention to time, age, and experience. Adhesion Contracts Discourage Equitable Playingfield, by Leanet Gutieriez . 50 A consumer saves up for months intending to purchase a computer to complete homework and save himself the burden of going to the library each night. One fateful day he goes to the store and purchases a computer costing six hundred dollars. The consumer gets home, begins to unravel the packaging, and sets up his new computer. After the personalized selection feature the screen acclaims, “You’re almost there,” however there is one last thing he must do to finally own his new computer… select “yes” on the terms and agreements. The license agreement consumers must sign expects consumers to select yes, otherwise the product is non-functional. These agreements are not only found in computers but throughout services and products that consumers frequent in modern society. These types of contracts are contracts of adhesion, “take it or leave it contracts.” Putting a Finger on Biometrics Law, by Amanda Heine. 59 Americans nationwide are walking into their place of employment Monday through Friday and either placing their finger on a scanner, having their face analyzed by a beam or even the iris of their eye digitally scanned by a laser. The process of clocking in for work with your fingerprint has become extremely jejune. This process is more often than not required by employers before an employee can start their work day. Whether biometrics is used for logging in hours, authentication, or security purposes it is typically a ‘use it or 4 SPRING 2019 UNDERGRADUATE LAW JOURNAL lose it’ for the job scenario. Though biometrics might be making the workplace increasingly more efficient and innovative with this also comes new risks. Employers are especially at risk with potential liability encompassed within privacy law and how this data is obtained and stored. The employers require their employees to submit to the use of biometrics, yet there are minimal to zero required obligations to the employee by the employer. There are currently no federal regulations put in place for the protection of employee privacy rights relative to biometrics. Affirmative Action, constitutionally protected or legal discrimination? by Sayd Hussain . 83 Affirmative Action has been a topic in American politics since the civil rights era of the 1950-1960s. Although this policy was created within the federal government to promote racial diversity during the civil rights era, universities took notice and implemented their own interpretations. Several lawsuits have challenged these interpretations and have become more controversial in practice over time. Race neutral affirmative action has become the new alternative for states that have banned racial affirmative action. The benefits behind socio-economic policies, such as the 10% plan, allows under-privilege students to have the opportunity to pursue a higher education with fewer roadblocks. By removing racial preferences from applications, this will prohibit institutions from discriminating against any student of color while avoiding the legal issues behind racial affirmative action. Constitutional Law: War Powers, by Sayd Hussain & Robert Marriaga, . 104 Who has the power to declare war? Many would say that the U. S. Constitution is clear and Article 1, Section 8, Clause 11 states that the U. S. Congress has the power to declare